Cyberbullying

Collette Dowhaniuk

Protective Services ConsultantOntario Principals’ Councilcdowhaniuk@principals.on.ca

In a unanimous vote this morning in Toronto, the Canadian Teachers' Federation pledged to form an emergency workgroup to hammer out a national policy this fall on the use of cell phones in class and school penalties for using blogs, email and any form of technology to hurt other people's feelings.

The Toronto StarLouise Brown, Education Reporter

July 13, 2007

August 28, 2007 –Ontario College of Teachers Press Release

Eighty-four per centof Ontario teachers say they have been the subject of comment by cyberbullies who use e-mail and the Internetto criticize their teachers' appearance and grading skills, spread harmful gossip and even make threats of physical harm.

Teacher Responses on Cyberbullying:

� 84 per cent have experienced cyberbullying

� E-mail and chatrooms are the main vehicles.for cyberbullying

� 41 per cent believe the school/board shouldreport most or all cyberbullying to the police.

� 43 per cent believe student-to- student cyberbullying should be reported to the police

August 2007 – Ontario College of Teachers Survey

Teacher Responses on Electronic Communication:

� 49 per cent say their school or board has well understood policies on student use of e-communication.

� 21 per cent say their school or board has well understood policies of teacher-student e-mail communication.

� 83 per cent never communicate with their students via e-mail.

August 2007 – Ontario College of Teachers Survey

Not only has the horse has left the barn…

Stay tuned…www.backbonemag.comJuly/August 2007

• 74% of students said “technology rocks my world”

• 42% said school encourages them to develop tech skills

• Almost half learn more about technology at home on their own

Topics

1. Technology in School: 2B or not 2B?

1. Social Networking: Facebook2. 15 Minutes of Fame: YouTube3. Cyberbullying of peers4. Cyberbullying of staff5. Nexus: You’re not the boss of me!6. Conclusion: Bug or Windshield?

1. Technology in School: 2B or not 2B?Devices

Risk Management:Should the School/Board policyBan or Limit use?

Examples:• Cell phones• I-pods, MP3 Players• Digital cameras (cell phones)

• See OPC advice

1. Technology in School: Legal Issues

• Safety, Confidentiality

• Ethics (cheating)• Individual vs. collective freedoms/rights

• Public vs. private discourse• Harassment & Human Rights

• Freedom of expression vs. defamation• Pornography Laws

• Acceptable use policies

1. Technology in SchoolCaselaw Reference

Judge Stone from New York State

Supreme Court decision upholds cell phone ban in schools in response to a challenge from parents

Price et al. v. New York City Board of Ed. et al.Index #109703/06 (N.Y. S.Ct. May 7, 2007)

1. Technology in School“Stone Judgment” Issues

• Exterior vs. locker storage • Arbitrariness vs. rationality of school

rules• Definition of “cell phone”• Parental vs. School control• Constitutional claims

1. Technology in SchoolStone Judgment

“This court does not rule on the wisdom or lack of wisdom of the Cell Phone Rules or on whether there may be… any better way to balance the desires of parents and the need for practical ways to maintain discipline in schools.”

1. Technology in SchoolOntario Experience

April 18, 2007Trustees of Toronto DSB passed motion that all personal communication devices will be powered off and stored out of viewduring instructional class and other areas of the school, unless authorized by the principal.

1. Technology in SchoolOntario Experience

February, 2007• A teacher supervising exams

comes upon a student receiving text messages on cell phone.

• Teacher confiscates cell phone.• Parent alleges that the teacher

assaulted the student.• Investigation reveals no

merit to the allegation.

2. Social Networking Internet Access

Risk Management:Should the School/Board policyBan or Limit access?

Examples:– Social network (Facebook, MySpace)– Video sharing (YouTube)

– Opinion polling (Ratemyteachers.com)

2. Social Networking

Risk Management:Should the Board/school policy set out expectations re: bullying, cyberbullying, nexus, and acceptable use of technology?

Types– E-mail, Website, Chat room, Blog– Social Network– Video Sharing– Opinion Polling

2. Social NetworkingFacebook

• Launched on February 4, 2004 • Membership was restricted to

students of Harvard• Expanded to all Ivy League within two

months• Since September, 2006 available to any

e-mail user within• July, 2007 30 million members

worldwide• Wikipedia

2. Social NetworkingFacebook

October 2007Soon to be available on hand-held devices (see part 1)

2. Social NetworkingMySpace

• Owned by Fox Interactive Media• World's sixth most popular website

in any language; third most popularwebsite in the U.S.

• 80% of visits to online social networking websites; influential part of contemporary popular culture

• Attracts 230, 000 new registrations per day

Wikipedia

2. Social Networking Legal Issues

• Safety, Confidentiality• Ethics (lying)• Individual vs. collective

freedoms/rights• Public vs. private discourse• Harassment & Human Rights• Freedom of expression vs.

defamation• Pornography Laws• Acceptable use policies

2. Social NetworkingOntario Experience

• Board employee and her family create

blog to communicate feelings & photos;• In communication with her daughter,

she frequently details her poor opinion of the vice-principal;

• A student “Googles” the vice-principal’s name, discovers the blog, and informs the v.p.;

• Board discipline is meted out.

2. Social NetworkingOntario Experience

October 24, 2007Two high school students in Thunder Bay charged with “criminal libel” for creating a Facebook group and inviting friends to join “Who wants to see X dead?”

2. Social Networking: Teaching Points: Students

• Internet is everywhere and forever• Employers increasingly using

Facebook et al. in reference-checks• “Terms of Use” rules can be relied

upon for disciplinary actions• Know how to report misuse• Observe Internet Safety Protocols

Social Networking:Teaching Points: Employees

• Candid comments by kids about teachers & principals is not new: the media are new

• Rules of use are not just for kids• Off-duty conduct can impact on

employment• “Terms of Use” rules can be relied upon

for disciplinary actions• Adults need training in technology and

media

3. 15 Minutes of FameYouTube

• Website where users can upload, view and share video clips (movie, tv, music);

• Created in February 2005; • Unregistered users can watch most

videos on the site;• Registered users are permitted to upload

an unlimited number of videos. • Users can post video 'responses' and

subscribe to content feeds.Wikipedia

3. 15 Minutes of Fame: Quebec Experience

November, 2006• Students at Ecole Secondaire

Mont- Bleu in Gatineau, Quebec provoke a teacher into a temper tantrum, record this on a cellpone, and post to YouTube.

• School convinces YouTube to remove video.

3. 15 Minutes of Fame: Ontario Experience

September, 2006� Students in Peel DSB and Simcoe County

DSB arrange and post “Fight Club” videos on YouTube; extensive media coverage

April, 2007� Ontario board approves suspension of

students identified as fighters on cell phone video, as well as videographer and

audience

What is Bullying?

Bullying is:

• Repeated, persistent, and aggressive behaviour;

• Intended to cause fear and distress and/or harm to body, feelings, self-esteem, or reputation

• In a context of real or perceived power imbalance

(No definition of bullying prior to)

PPM No. 144 October 4, 2007.

Bullying is:

• A dynamic of unhealthy interaction (physical, verbal, social)

• May occur through use of technology (e-mail, cellphones, text messaging, Internet websites, or others)

PPM No. 144 October 4, 2007.

Bullying will be one of the grounds for suspension of a pupil (Feb. 2008)PPM No. 144 October 4, 2007.

A principal shall consider whether to suspend a pupil if he or she believes that the pupil has engaged in any of the following activities while at school, at a school-related activity or in another circumstances where engaging in the activity will have an impact on the school climate.

Education Act 306 (1)

Risk Management:

“Children who suffer prolonged victimization through bullying, as well as children who use power and aggression as bullies, may experience a range of psycho-social problems that may extend into adolescence and adulthood.

PPM No. 144 October 2, 2007

What is “Cyberbullying”?Is it worse than bullying?

Risk Management:

"Cyberbullying involves the use of information and Communication technologies such as e-mail, cell phone and pager text messages, instant messaging, defamatory personal Web sites, and defamatory online personal polling Web sites., to support deliberate, repeated, and hostile behaviour by an individual or group, that is intended to harm others."Bill Belsey

4. Cyberbullying of Peers

Teachable Moment� Provincial/DSB/School Anti-bullying

policies

Types� Social network

� Video sharing� Electronic messaging, website, blog

4. Cyberbullying of Peers:Legal Issues

• Safety, Confidentiality• Ethics (bullying)• Individual vs. collective freedoms/rights• Public vs. private discourse• Harassment & Human Rights• Freedom of expression vs. defamation• Pornography Laws• Acceptable use policies

4. Cyberbullying of PeersCaselaw (Cyberlibel)

Barrick Gold v. Lopehandia [2004] O.J. No.2329(CA)

– “Cyberlibel” distinguished from other defamation because of “instantaneous, seamless, inter-active, blunt, borderless and far-reaching nature” and;

– that “anonymous nature…may …create a greater risk that… remarks are believed.”

4. Cyberbullying of Peers:Ontario Experience

• Two female Gr. 11 students attend party; consume large amounts of alcohol; lose consciousness; male peer helps them to undress and shower; takes photos; posts to Internet

• Principal reports to police; charges of distributing child pornography

5. Cyberbullying of Staff

Teachable Moment:� Bill 212 (February 2008)� Board/school policy� Anti-bullying policies/programs

Types:� Opinion polling (Ratemyteachers.com)� Social Net work� Electronic media (E-mail, Website,

Blog)

5. Cyberbullying of Staff:RateMyTeachers.com

• Controversial review site

used to rate elementary/secondary teachers' performance

and popularity• 1-5 rating & comments

• Over one and a half million teachers are graded on the website.

• Launched in August of 2001

Wikipedia

5. Cyberbullying of Staff:Legal Issues

• Safety, Confidentiality

• Ethics (bullying)• Individual vs. collective freedoms/rights

• Public vs. private discourse• Harassment & Human Rights

• Freedom of expression vs. defamation• Pornography Laws

• Acceptable use policies

5. Cyberbullying of Staff:Caselaw

Beussink v. Woodland R-IV School District 30F.Supp.2d1175(1998US Dist.)

� Student created website with vulgar and critical comments re: school admin.

� Court did not uphold suspension “dislike or upset not sufficient”

5. Cyberbullying of StaffCaselaw

J.S. v. Bethlehem Area School District� Student created website “Teacher

sux”

� about math teacher� Expulsion upheld because of threats,

harassment, and disruption of learning environment

5. Cyberbullying of StaffCaselaw

Biom v. Fulton County Sch. Dist., No. 06-14706 (11th Cir. July 31, 2007)

The U.S. Court of Appeals (11th District) ruled that a Georgia school district did not violate a student's right to free speech when it suspended her for a narrative about shooting her math teacher

5. Cyberbullying of StaffCaselaw

Biom v. Fulton County Sch. Dist., No. 06-14706 (11th Cir. July 31, 2007)

The court also ruled that she was not entitled to a court injunction ordering the school district to expunge her records of any documentation related to the suspension.

5. Cyberbullying of Staff:Case study

Robert F. Hall Catholic Secondary SchoolJanuary 2007– Eleven students suspended for

derogatory comments made on Facebook about the principal

• Reference February 12, 2007:CBC.ca & The Toronto Star

6. Nexus: You’re not the boss of me!

By what authority can school officials monitor, control, and apply consequences for “Off-school” conduct ?

6. Nexus: You’re not the boss of me!

• Bill 212 (February 2008)• Common Law Standard of Care

(careful & prudent parent in the circumstances)

• Regulation 298 “Duties of Principal”• DSB Policies re: Electronic

Communication

6. Nexus:You’re not the boss of me!

• Interference with school operations• Impact on school culture• Rules of use• Board Policies

7.Conclusion: Bug or windshield?

Teaching Points

• Training for the grown-ups!• Responsible use

• Reputation, public profile• Electronic Etiquette

• Acceptable Use Policies• Reporting strategies

• Cyberbullying.ca – advice re: Internet Safety; responses to bullying

References

• See attachment for print and on-line resources

E-laws.gov.on.ca